In the 1971 Act, after section 3, insert—

“3A Further provision as to leave to enter.

(1)

The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to enter the United Kingdom.

(2)

An order under subsection (1) may, in particular, provide for—

(a)

leave to be given or refused before the person concerned arrives in the United Kingdom;

(b)

the form or manner in which leave may be given, refused or varied;

(c)

the imposition of conditions;

(d)

a person’s leave to enter not to lapse on his leaving the common travel area.

(3)

The Secretary of State may by order provide that, in such circumstances as may be prescribed—

(a)

an entry visa, or

(b)

such other form of entry clearance as may be prescribed,

is to have effect as leave to enter the United Kingdom.

(4)

An order under subsection (3) may, in particular—

(a)

provide for a clearance to have effect as leave to enter—

(i)

on a prescribed number of occasions during the period for which the clearance has effect;

(ii)

on an unlimited number of occasions during that period;

(iii)

subject to prescribed conditions; and

(b)

provide for a clearance which has the effect referred to in paragraph (a)(i) or (ii) to be varied by the Secretary of State or an immigration officer so that it ceases to have that effect.

(5)

Only conditions of a kind that could be imposed on leave to enter given under section 3 may be prescribed.

(6)

In subsections (3), (4) and (5) “prescribed” means prescribed in an order made under subsection (3).

(7)

The Secretary of State may, in such circumstances as may be prescribed in an order made by him, give or refuse leave to enter the United Kingdom.

(8)

An order under subsection (7) may provide that, in such circumstances as may be prescribed by the order, paragraphs 2, 4, 6, 7, 8, 9 and 21 of Part I of Schedule 2 to this Act are to be read, in relation to the exercise by the Secretary of State of functions which he has as a result of the order, as if references to an immigration officer included references to the Secretary of State.

(9)

Subsection (8) is not to be read as affecting any power conferred by subsection (10).

(10)

An order under this section may—

(a)

contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b)

make different provision for different cases.

(11)

This Act and any provision made under it has effect subject to any order made under this section.

(12)

An order under this section must be made by statutory instrument.

(13)

But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.”

In the 1971 Act, after section 3A, insert—

“3B Further provision as to leave to remain.

(1)

The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to remain in the United Kingdom.

(2)

An order under subsection (1) may, in particular, provide for—

(a)

the form or manner in which leave may be given, refused or varied;

(b)

the imposition of conditions;

(c)

a person’s leave to remain in the United Kingdom not to lapse on his leaving the common travel area.

(3)

An order under this section may—

(a)

contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b)

make different provision for different cases.

(4)

This Act and any provision made under it has effect subject to any order made under this section.

(5)

An order under this section must be made by statutory instrument.

(6)

But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.”

In the 1971 Act, after section 3B, insert—

“3C Continuation of leave pending decision.

(1)

This section applies if—

(a)

a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State, before his leave expires, for it to be varied; and

(b)

when it expires, no decision has been taken on the application.

(2)

His leave is to be treated as continuing until the end of the period allowed under rules made under paragraph 3 of Schedule 4 to the Immigration and Asylum Act 1999 for bringing an appeal against a decision on the application.

(3)

An application for variation of a person’s leave to enter or remain in the United Kingdom may not be made while that leave is treated as continuing as a result of this section.

(4)

But subsection (3) does not prevent the variation of an application mentioned in subsection (1).”

In the 1971 Act, in section 8 (exceptions for certain categories of person), for subsection (3A) (members of diplomatic missions) substitute—

“(3A)

For the purposes of subsection (3), a member of a mission other than a diplomatic agent (as defined by the 1964 Act) is not to count as a member of a mission unless—

(a)

he was resident outside the United Kingdom, and was not in the United Kingdom, when he was offered a post as such a member; and

(b)

he has not ceased to be such a member after having taken up the post.”

In the 1971 Act, after section 8, insert—

“8A Persons ceasing to be exempt.

(1)

A person is exempt for the purposes of this section if he is exempt from provisions of this Act as a result of section 8(2) or (3).

(2)

If a person who is exempt—

(a)

ceases to be exempt, and

(b)

requires leave to enter or remain in the United Kingdom as a result,

he is to be treated as if he had been given leave to remain in the United Kingdom for a period of 90 days beginning on the day on which he ceased to be exempt.

(3)

If—

(a)

a person who is exempt ceases to be exempt, and

(b)

there is in force in respect of him leave for him to enter or remain in the United Kingdom which expires before the end of the period mentioned in subsection (2),

his leave is to be treated as expiring at the end of that period.”

In the 1971 Act, after section 8A, insert—

“8B Persons excluded from the United Kingdom under international obligations.

(1)

An excluded person must be refused—

(a)

leave to enter the United Kingdom;

(b)

leave to remain in the United Kingdom.

(2)

A person’s leave to enter or remain in the United Kingdom is cancelled on his becoming an excluded person.

(3)

A persons’s exemption from the provisions of this Act as a result of section 8(1), (2) or (3) ceases on his becoming an excluded person.

(4)

“Excluded person” means a person—

(a)

named by or under, or

(b)

of a description specified in,

a designated instrument.

(5)

The Secretary of State may by order designate an instrument if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it—

(a)

requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed); or

(b)

recommends that a person should not be admitted to the United Kingdom (however that recommendation is expressed).

(6)

Subsections (1) to (3) are subject to such exceptions (if any) as may specified in the order designating the instrument in question.

(7)

An order under this section must be made by statutory instrument.

(8)

Such a statutory instrument shall be laid before Parliament without delay.”

In the 1971 Act, in Schedule 2, after paragraph 27, insert—

“ Passenger information

27B

(1)

This paragraph applies to ships or aircraft—

(a)

which have arrived, or are expected to arrive, in the United Kingdom; or

(b)

which have left, or are expected to leave, the United Kingdom.

(2)

If an immigration officer asks the owner or agent (“the carrier”) of a ship or aircraft for passenger information, the carrier must provide that information to the officer.

(3)

The officer may ask for passenger information relating to—

(a)

a particular ship or particular aircraft of the carrier;

(b)

particular ships or aircraft (however described) of the carrier; or

(c)

all of the carrier’s ships or aircraft.

(4)

The officer may ask for—

(a)

all passenger information in relation to the ship or aircraft concerned; or

(b)

particular passenger information in relation to that ship or aircraft.

(5)

A request under sub-paragraph (2)—

(a)

must be in writing;

(b)

must state the date on which it ceases to have effect; and

(c)

continues in force until that date, unless withdrawn earlier by written notice by an immigration officer.

(6)

The date may not be later than six months after the request is made.

(7)

The fact that a request under sub-paragraph (2) has ceased to have effect as a result of sub-paragraph (5) does not prevent the request from being renewed.

(8)

The information must be provided—

(a)

in such form and manner as the Secretary of State may direct; and

(b)

at such time as may be stated in the request.

(9)

“Passenger information” means such information relating to the passengers carried, or expected to be carried, by the ship or aircraft as may be specified.

(10)

“Specified” means specified in an order made by statutory instrument by the Secretary of State.

(11)

Such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

In the 1971 Act, in Schedule 2, after paragraph 27B, insert—

“ Notification of non-EEA arrivals

27C

(1)

If a senior officer, or an immigration officer authorised by a senior officer, gives written notice to the owner or agent (“the carrier”) of a ship or aircraft, the carrier must inform a relevant officer of the expected arrival in the United Kingdom of any ship or aircraft—

(a)

of which he is the owner or agent; and

(b)

which he expects to carry a person who is not an EEA national.

(2)

The notice may relate to—

(a)

a particular ship or particular aircraft of the carrier;

(b)

particular ships or aircraft (however described) of the carrier; or

(c)

all of the carrier’s ships or aircraft.

(3)

The notice—

(a)

must state the date on which it ceases to have effect; and

(b)

continues in force until that date, unless withdrawn earlier by written notice given by a senior officer.

(4)

The date may not be later than six months after the notice is given.

(5)

The fact that a notice under sub-paragraph (1) has ceased to have effect as a result of sub-paragraph (3) does not prevent the notice from being renewed.

(6)

The information must be provided—

(a)

in such form and manner as the notice may require; and

(b)

before the ship or aircraft concerned departs for the United Kingdom.

(7)

If a ship or aircraft travelling to the United Kingdom stops at one or more places before arriving in the United Kingdom, it is to be treated as departing for the United Kingdom when it leaves the last of those places.

(8)

“Senior officer” means an immigration officer not below the rank of chief immigration officer.

(9)

“Relevant officer” means—

(a)

the officer who gave the notice under sub-paragraph (1); or

(b)

any immigration officer at the port at which the ship or aircraft concerned is expected to arrive.

(10)

“EEA national” means a national of a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being.”

In the M4Asylum and Immigration Act 1996, after section 8, insert—

“8A Code of practice.

(1)

The Secretary of State must issue a code of practice as to the measures which an employer is to be expected to take, or not to take, with a view to securing that, while avoiding the commission of an offence under section 8, he also avoids unlawful discrimination.

(2)

“Unlawful discrimination” means—

(a)

discrimination in contravention of section 4(1) of the M5Race Relations Act 1976 (“the 1976 Act”); or

(b)

in relation to Northern Ireland, discrimination in contravention of Article 6(1) of the M6Race Relations (Northern Ireland) Order 1997 (“the 1997 Order”).

(3)

Before issuing the code, the Secretary of State must—

(a)

prepare and publish a draft of the proposed code; and

(b)

consider any representations about it which are made to him.

(4)

In preparing the draft, the Secretary of State must consult—

(a)

the Commission for Racial Equality;

(b)

the Equality Commission for Northern Ireland; and

(c)

such organisations and bodies (including organisations or associations of organisations representative of employers or of workers) as he considers appropriate.

(5)

If the Secretary of State decides to proceed with the code, he must lay a draft of the code before both Houses of Parliament.

(6)

The draft code may contain modifications to the original proposals made in the light of representations to the Secretary of State.

(7)

After laying the draft code before Parliament, the Secretary of State may bring the code into operation by an order made by statutory instrument.

(8)

An order under subsection (7)—

(a)

shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b)

may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code.

(9)

A failure on the part of any person to observe a provision of the code does not of itself make him liable to any proceedings.

(10)

But the code is admissible in evidence—

(a)

in proceedings under the 1976 Act before an employment tribunal;

(b)

in proceedings under the 1997 Order before an industrial tribunal.

(11)

If any provision of the code appears to the tribunal to be relevant to any question arising in such proceedings, that provision is to be taken into account in determining the question.

(12)

The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.

(13)

The provisions of this section also apply (with appropriate modifications) to any revision, or proposed revision, of the code.”

In the 1971 Act, after section 24, insert—

“24A Deception.

(1)

A person who is not a British citizen is guilty of an offence if, by means which include deception by him—

(a)

he obtains or seeks to obtain leave to enter or remain in the United Kingdom; or

(b)

he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.

(2)

“Enforcement action”, in relation to a person, means—

(a)

the giving of directions for his removal from the United Kingdom (“directions”) under Schedule 2 to this Act or section 10 of the Immigration and Asylum Act 1999;

(b)

the making of a deportation order against him under section 5 of this Act; or

(c)

his removal from the United Kingdom in consequence of directions or a deportation order.

(3)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(4)

The extended time limit for prosecutions which is provided for by section 28 applies to an offence under this section.”